Martin hits SUSD board with claim

Wednesday

Apr 23, 2008 at 12:01 AM

STOCKTON - Controversial former athletics administrator Joe Martin said Tuesday he has slapped the Stockton Unified School District Board of Education with a claim seeking "damages exceeding $25,000," charging the trustees with "defamation, slander, libel" and other acts that injured his reputation and future ability to earn a living.

Roger Phillips

STOCKTON - Controversial former athletics administrator Joe Martin said Tuesday he has slapped the Stockton Unified School District Board of Education with a claim seeking "damages exceeding $25,000," charging the trustees with "defamation, slander, libel" and other acts that injured his reputation and future ability to earn a living.

Martin, 52, was placed on administrative leave by the board Nov. 1 pending an investigation into the Franklin High School football recruiting scandal. He was released without cause by the district when the board eliminated his position six weeks ago while working to slash $10 million from next year's budget.

Martin's attorney, Charles A. Davis of Novato, said he mailed and faxed the six-paragraph claim to the district office Thursday. Martin and Davis made the claim public to The Record on Tuesday.

"I'm going to pursue this to the fullest extent of the law," said Martin, who received a $580,000 mediated settlement 10 years ago following a wrongful termination lawsuit against San Leandro Unified School District. "I'll be protecting my rights for due process and ensuring that my family's name and my name are no longer slandered and defamed by the actions of SUSD and selected board members. And we are looking into what board members may have acted out of the scope of their responsibilities as board members, therefore being personally liable."

Martin's claim is the second filed against the district in less than a week.

On Friday, the union that represents classified workers in the district filed an unfair labor practices claim on behalf of its president against Chief Financial Officer Paul Disario.

As for the Martin situation, Stockton Unified attorney Marie Nakamura did not return a phone call asking for confirmation that the claim had been filed. District spokesman Rick Brewer said he was unaware of the claim.

Additionally, five of the seven trustees were reached before Tuesday night's regularly scheduled board meeting, and not one said he or she had seen the claim. Only Trustee Bill Ross was willing to comment, and he pledged to fight Martin's claim.

"I hope the board has the courage to say no thank you to these kinds of frivolous (claims)," Ross said. "I believe there are at least a couple on the board that will. I think the rest of the board has to get some backbone and say, 'The buck stops here. No more giving money away to people who sue us.' I think we should take him to the mat. If he can stand it, we can. I'm ready to go all the way."

Ross said he would urge the board not to enter into settlement negotiations with Martin.

"I've spoken to our board and told them clearly that we as a board cannot give money away in these situations, and they will not be able to shield themselves for what their vote is," he said. "If they refuse to stand up to him, they will be answering to their constituents."

Martin's lawyer, however, said his client was treated unfairly during the Franklin scandal, which involved three ineligible football players from American Samoa.

"We believe he basically was a scapegoat for errors and omissions committed by members of the board," Davis said. "An investigation probably would have revealed that Mr. Martin was basically clean in the matter."

Martin was employed by Stockton Unified for 18 months after being hired on the recommendation of soon-to-retire Superintendent Jack McLaughlin. He was on paid leave from his $98,000-a-year job for the last four of those months and ultimately will receive a total of eight months' salary after last doing any work for the district.

Martin's stay in Stockton Unified was tumultuous even beyond the Franklin debacle:

» In October, Martin was at the center of a controversy over a proposed and since-shelved celebrity speaker series.

Trustee Beverly Fitch McCarthy raised Martin's ire in October when she asked during a board meeting whether Martin would receive a "commission" for organizing the series.

The next day, McCarthy said at the time, she received a call from an attorney who said he represented Martin and threatened to sue her for asking if his client would be receiving a "kickback" for organizing the program. She declined to comment Tuesday on Martin's claim.

» In December, Martin was included in a lawsuit against Stockton Unified in Superior Court filed by 43-year-old Rudy Badillo of San Leandro, who said he had heard from "various individuals" that Martin "had told them that Badillo was a pedophile and that the district had obtained a restraining order to prevent Badillo from being on campus."

As for Martin's new claim, his attorney said he is awaiting a response from the district. He said if the district rejects the claim, a lawsuit in Superior Court is possible.